Missouri Revised Statutes













Chapter 513

Executions and Exemptions

←513.050

Section 513.055.1

513.060→

August 28, 2015

Employees and laborers preferred creditors.

513.055. 1. Hereafter when the property of any company, corporation,

firm or person shall be seized upon by any process of any court of this

state, or when their business shall be suspended by the action of creditors,

or be put into the hands of a receiver or trustee, then in all such cases the

debts owing to laborers or servants, which have accrued by reason of their

labor or employment, to an amount not exceeding one hundred dollars to each

employee, for work or labor performed within six months next preceding the

seizure or transfer of such property, shall be considered and treated as

preferred debts, and such laborers or employees shall be preferred creditors,

and shall be first paid in full; and if there be not sufficient to pay them

in full, then the same shall be paid to them pro rata, after paying costs.



2. Any such laborer or servant desiring to enforce his or her claim

for wages under this section shall present a statement under oath showing the

amount due after allowing all just credits and setoffs, the kind of work for

which such wages are due, and when performed, to the officer, person or court

charged with such property, within ten days after the seizure thereof on any

execution or writ of attachment, or within thirty days after the same may

have been placed in the hands of any receiver or trustee; and thereupon it

shall be the duty of the person or court receiving such statement to pay the

amount of such claim or claims to the person or persons entitled thereto,

after first paying all costs occasioned by the seizure of such property, out

of the proceeds of the sale of the property seized; provided, that any person

interested may contest any such claim or claims, or any part thereof, by

filing exceptions thereto, supported by affidavit, with the officer having

the custody of such property; and thereupon the claimant shall be required to

reduce his claim to judgment before some court having jurisdiction thereof

before any part thereof shall be paid.



(RSMo 1939 § 1332)



Prior revisions: 1929 § 1168; 1919 § 1619; 1909 § 2188







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